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The Confrontation Clause

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1 The Confrontation Clause on Wed Nov 26, 2014 11:49 am

karl rove


Reclusion Perpetua
The Confrontation Clause guarantees criminal defendants the right to confront witnesses who bring testimony against them. The Clause is generally interpreted to afford criminal defendants the right to cross-examine adversarial witnesses live in court, under oath, and in the presence of the trier of fact.

Historically, accusatory testimony by absent witnesses was admissible in some situations, though with the adoption of the the right to have an accuser present at a criminal trial became virtually absolute. Nevertheless, as advances in technology ushered in new kinds of evidence, courts often disagreed about which of these novel categories were subject to the Clause.

The admissibility of scientific evidence has certainly been no exception to this ongoing debate. One issue stemming from this uncertainty — whether scientific evidence in the form of affidavits containing test results is admissible in court absent live testimony??? —

Question now is: Does scienific analysis constitute testimonial evidence???

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